Brothers Doug and David Blank discuss the issues of the day. One is a Christian, ER doctor, and member of the tea party; the other is an atheist, computer scientist, and liberal arts professor. How did this happen, and what do they have to say?

Thursday, July 23, 2015

In the News: Court Cases

Doug:Wow, some interesting court rulings and state legislature activities in the past few weeks:

Gay marriage is the law of the land

Obamacare is the law of the land

The Confederate flag was removed from government offices in South Carolina (not by the court, but state congress) [Other states are moving to remove the confederate flag from other places.]

Those are all great results, yes?

David:

I'm not so sure you were this giddy when the same Supreme Court ruled that corporations are "people", and that no limits can be placed on the cash they spend in elections, or when they decided the Constitution indicates that all people have the right to carry handguns whenever they want. Doug:When you are required to salute President Trump, you may have some second thoughts on money in politics, too. Regarding guns: I am absolutely ecstatic about the US being number 1 in something: "The United States has more guns and gun deaths than any other developed country in the world, researchers found."David:Certainly makes sense that countries that ban guns have fewer gun deaths. If you don't like it, though, you need to change the Constitution, because it is the law.
It's interesting to note that now that the Supreme Court has established marriage as a "right", no one should be required to obtain a marriage license. This may invalidate all of the governing rules previously established by the state. But a lot of Libertarians would argue that the government should never have been in the marriage business in the first place.Doug:I would think that anyone that believes in the constitution would be happy that the government is getting out of the marriage business.David:On the contrary, the government is more involved with policing marriage than ever before, and now they'll be policing everything that goes along with marriage (cakes, flowers, ministers, etc.).
Obamacare has been the law of the land since the Democrats forced it through Congress. This ruling would likely have crippled a key component, but didn't change the law itself. It is interesting to note that Justice Roberts has twice, now, re-interpreted the wording in order to save the bill from its own authors. I find it curious that he claimed that the "ACA was passed (by Congress) to improve health insurance markets, not to destroy them." In fact, it was the Democrats in Congress that expressly started the conversation to establish a single-payer system that would eliminate the private insurance industry.Doug:I see you are coming to grips with the reality of Obamacare as a permanent part of the American dream. I hope you keep calling it "Obamacare." I like calling it that, too. Obamacare.David:Obamacare is the best thing that ever happened in this country…..for Republicans. Without it, they would have had a much tougher time taking over the Congress. And it's a gift that keeps giving: higher insurance premiums, narrower networks, fewer options for patients, higher deductibles, and increasing healthcare costs. What's not to love? Even the Supreme Court justices that ruled in favor of the subsidies describe the bill as having "more than a few examples of inartful drafting," a consequence of rushed work behind closed doors that "does not reflect the type of care and deliberation that one might expect of such significant legislation."Doug:Well, we can agree that Obamacare is one of the best things that ever happened in this country---no need to qualify that. You have to admit that more people have insurance now, right? And health costs are slowing down? In 20 years, you'll be claiming it as a Republican victory, somehow.But even you have to admit that "...and it wasn't even written very well..." sounds a bit like sour grapes.David:
As to the flag, Governor Nikki Haley and the Republican-controlled Congress did a wonderful job of providing a climate that allowed for the state to remove the flag. While it has sparked tremendous controversy in the past, she deftly handled the issue and allowed a smooth transition. This event could likely propel her to a VP nomination.Doug:Don't forget to give some credit to Dylann Roof, too. He did a wonderful job creating a climate for the flag to be removed. You may be right about VP Haley. Trump-Haley 2016!I'm surprised to hear that you think it was a good idea to remove the confederate flag. But does it do anything to fight systemic racism?David:The flag has been a symbol of being a "rebel" for years (remember Bo and Luke Duke and their car, The General Lee?), but that's because it was the flag of the rebellious folks who tried to dissolve the Union. It was a state's rights issue for sure…….about slavery. So, I never really found a compelling interest for any state to fly it over their capitol. Governor Haley found a way to make everyone understand and agree with her efforts. That's statesmanship at it's finest.Here's a curious poll you might find interesting:http://www.rasmussenreports.com/public_content/lifestyle/general_lifestyle/july_2013/more_americans_view_blacks_as_racist_than_whites_hispanicsThe question for you is which group is most likely to promote racism? Most blacks would say it is the black community. But there is a lot of interesting information in this poll. Nothing supports a claim that racism is systemic, however.Doug:Hey, I'm here celebrating the removal of a symbol of institutionalized racism! I'll even give Haley (as well as the NAACP) some of the credit. We'll have to discuss your "curious poll" from the right-leaning Rasmussen Reports another day.David:So, it seems we can agree that the Republicans of South Carolina get cudo's for taking care of business in a manner that left everyone on the same page. Perhaps the Democrats of Baltimore can take some notes…I'll add the Rasmussen poll to our list of topics for the future.